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Texas Property Code - PROP § 5.0206. Owner's Affidavit Regarding Purported Conveyance of Title or Interest

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) An owner of real property may file for recording in the real property records of the county in which a document or instrument purporting to convey title to or an interest in the real property was recorded:

(1) an affidavit that substantially complies with Subsection (e);  and

(2) a certificate of mailing that substantially complies with Subsection (f).

(b) A property owner who files an affidavit under Subsection (a) shall send a copy of the filed affidavit and a letter notifying the grantor and grantee of the purported conveyance of the filing of the affidavit by registered or certified mail, return receipt requested, to the grantor and grantee's last known addresses.

(c) If an affidavit and certificate of mailing are filed and recorded under Subsection (a) and a controverting affidavit is not filed for recording in the time provided by Subsection (d), the property owner that filed the affidavit may file a petition for a district court ruling under Section 51.9035, Government Code.

(d) Not later than the 120th day after the date a certificate of mailing was filed under Subsection (a), the grantor or grantee of the purported conveyance may file for recording a controverting affidavit in the real property records of the county in which the real property is located asserting that:

(1) the affidavit or certificate of mailing filed by the property owner under Subsection (a) is untrue;  or

(2) another reason exists as to why the conveyance is valid.

(e) An affidavit filed under Subsection (a) must be in substantially the following form:

OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE

Before me, the undersigned authority, on this day personally appeared (“Affiant(s)”) (insert name of one or more affiants) who, being first duly sworn, upon oath states:

(1) My/our name is/are (insert name of Affiant(s)).  I/we own the following described real property (“Property”):

(describe the real property)

(2) This affidavit is made for the purpose of establishing a presumption under Section 51.901(c)(4), Government Code, that the document or instrument purporting to convey title to or an interest in the Property recorded in _______________________________ (refer to recording information of the conveyance) (“Purported Conveyance”) is fraudulent and obtaining a district court's finding of fact and conclusion of law under Section 51.9035, Government Code, that the document or instrument does not convey title to or an interest in the Property.

(3) Affiant(s) have not conveyed title to or an interest in the Property to any grantee other than (list any interests granted).

   Signed on this __________ day of ____________________, __________.

   _______________________________

   _______________________________

   (Signature of Affiant(s))

   State of ____________________

   County of ____________________

SWORN TO AND SUBSCRIBED before me on the _______________ day of

_______________, 20_____.

 

 

My commission expires:

Notary Public, State of Texas

Notary's printed name:

(f) A certificate of mailing filed under Subsection (a) must be in substantially the following form:

CERTIFICATE OF MAILING OF OWNER'S AFFIDAVIT REGARDING PURPORTED

CONVEYANCE

Before me, the undersigned authority, on this day personally appeared (“Affiant(s)”) (insert name(s) of Affiant(s)) who, being first duly sworn, upon oath state(s):

(1) My name is/Our names are (insert name(s) of Affiant(s)).

(2) On the _______________________________ day of _______________________________, 20_______________________________, Affiant(s) caused an Owner's Affidavit Regarding Purported Conveyance to be recorded in (refer to affidavit recording information) (“Affidavit”).

(3) On the _______________________________ day of _______________________________, 20_______________________________, Affiant(s) sent a letter and a copy of the Affidavit, notifying the grantor and grantee of the purported conveyance of the Affiant's ownership claim and the filing of the Affidavit, by registered or certified mail, return receipt requested, to the grantor and grantee's last known address.

(4) Attached to this certificate are:

(A) a true and correct copy of the letter described by Subdivision (3) of this certificate;  and

(B) proof of mailing of the letter described by Subdivision (3) of this certificate.

   Signed on the day of ____________________, 20 __________.

   _______________________________

   _______________________________

   (Signature of Affiant(s))

   State of ____________________

   County of ____________________

SWORN TO AND SUBSCRIBED before me on the _______________ day of

_______________, 20_____.

 

 

My commission expires:

Notary Public, State of Texas

Notary's printed name:

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Cite this article: FindLaw.com - Texas Property Code - PROP § 5.0206. Owner's Affidavit Regarding Purported Conveyance of Title or Interest - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-5-0206/

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